(HC) Orosco v. Sisto, No. 2:2008cv03075 - Document 25 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge John A. Mendez on 1/27/11 ORDERING the findings and recommendations 24 are ADOPTED IN FULL; petitioner's application for writ of habeas corpus DENIED; petitioner's claim for declaratory and injunctive relief is DENIED; the clerk is directed to close this case; and the court DECLINES TO ISSUE A CERTIFICATE OF APPEALABILITY; CASE CLOSED. (Carlos, K)

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(HC) Orosco v. Sisto Doc. 25 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LUIS CARDENAS OROSCO, 12 Petitioner, Respondent. 13 14 No. CIV S-08-3075-JAM-TJB ORDER vs. D. K. SISTO, 15 16 / 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 29, 2010, the magistrate judge filed an order, findings and 21 recommendations herein, which was served on all parties, and which contained notice to all 22 parties that any objections to the findings and recommendations were to be filed within twenty- 23 one days. Neither party has filed objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. 26 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed November 29, 2010, are adopted in full; 3 2. Petitioner’s application for writ of habeas corpus is DENIED; 4 3. Petitioner’s claim for declaratory and injunctive relief is DENIED; 5 4. The Clerk is directed to close the case; and 6 5. The court declines to issue a certificate of appealability. 7 DATED: January 27, 2011 8 9 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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